⏰  ARRESTED FOR DWI IN DENTON? THE 15-DAY ALR DEADLINE IS RUNNING.

You have 15 days from notice of suspension to request an ALR hearing or your license is automatically suspended, regardless of the criminal outcome.

Denton Multiple DWI Lawyers

Second DWI in Denton County: Class A Misdemeanor

A second DWI in Texas is a Class A misdemeanor carrying up to one year in county jail and a fine up to $4,000. Two consequences set it apart from a first offense regardless of how the case resolves:

Mandatory minimum jail as a condition of probation.  Even if the judge grants probation, a defendant convicted of a second DWI must serve a minimum of 72 hours in county jail as a condition of that probation. This cannot be waived by plea agreement or judicial discretion.

Ignition interlock.  A second DWI triggers mandatory ignition interlock installation as a condition of bond from the moment of arrest and as a condition of probation.

Additional conditions of probation for a second DWI typically include community service hours, a DWI intervention program, no alcohol use, random testing, and license suspension up to two years.

Third DWI in Denton County: Third-Degree Felony

A third DWI in Texas is a third-degree felony. It is the same offense level regardless of whether it is a fourth, fifth, or subsequent conviction. The penalty range is 2 to 10 years in the Texas Department of Criminal Justice and a fine up to $10,000. A guilty plea to a third DWI is a felony conviction, with all that follows: loss of voting rights during sentence, loss of firearms rights, permanent felony record, and immigration consequences for non-citizens.

Mandatory minimum jail as a condition of probation.  For a third DWI, the mandatory minimum jail period as a condition of probation is 10 days, with a maximum of 180 days. Community supervision at the felony level also carries mandatory ignition interlock, no alcohol use, random testing, community service hours, and a probation term that can extend to 10 years.

What the Defense Examines in Every Denton County Repeat DWI Case

The Prior Conviction

The State must prove each prior conviction beyond a reasonable doubt through certified court records. Sometimes the documents are incomplete or contain errors. If the prior cannot be proven, the enhancement fails and the charge reduces. An out-of-state prior that does not have elements substantially similar to the Texas offense cannot be used for enhancement. Every prior in a Denton County repeat DWI case is examined before any other defense strategy is built.

The Blood Evidence

Blood draws in Denton County alcohol DWI cases are typically analyzed by the Texas DPS Crime Lab in Garland. In drug impairment cases, specimens may go to the DPS Austin lab, Armstrong Forensic Laboratory, or NMS. Chain of custody, sodium fluoride preservative adequacy, in vitro fermentation risk, and headspace GC methodology are all subject to forensic examination. Deandra Grant’s ACS-CHAL designation and Master’s Degree in Pharmaceutical Science  mean that evaluation happens at the level of the science.

🔗 LINK: “Deandra Grant’s ACS-CHAL designation and Master’s Degree in Pharmaceutical Science”  →  texasdwisite.com/dwi-blood-tests/  |  Links to DWI Blood Tests page.

The Rising BAC Defense

If alcohol was still being absorbed at the time of driving, the BAC at the time of the test may be meaningfully higher than the BAC while the defendant was behind the wheel. The rising BAC defense requires pharmacokinetic analysis which is exactly the kind a Master’s Degree in Pharmaceutical Science provides.

The Stop

Was there reasonable suspicion for the stop? Under Texas Code of Criminal Procedure Article 38.23, evidence obtained through an unlawful stop is suppressible with no good faith exception. Suppression of the stop means suppression of everything that followed, including the chemical test.

The ALR Hearing

The ALR hearing must be requested within 15 days of notice of suspension. In a repeat DWI case it is particularly valuable. Sworn testimony from the arresting officer creates a record that can be used in the criminal case. Missing the deadline means automatic license suspension regardless of the criminal outcome.

Talk to a Denton County Multiple DWI Attorney Before Any Other Decision

The strategic calculus of every decision in a repeat DWI case (whether to request an ALR hearing, whether to challenge the prior conviction, whether to contest the chemical test, whether to engage in plea negotiations) is different when a mandatory minimum or felony threshold is at stake. Deandra Grant Law is directly across the street from the Denton County Courts Building and has appeared in Denton County courts for more than 30 years and across more than 500 trials to verdict statewide.

Call (214) 225-7117 for a confidential consultation. The 15-day ALR deadline starts running from the date of your arrest. Don’t wait.